Legal Question in Immigration Law in California

Re: son's petition approved. issues.

Absolutely, if you filed for him as an LPR, then he must be single at the time he immigrates otherwise he's not an F2B, which is reserved for single adult children of LPRs. How did you get your green card? If through a preference category, then he might be derivative of yours through that petition a following to join you, along with his family. The exception would be if you obtained LPR status through a U.S. citizen spouse. In that case, he's not your derivative. If your spouse is an LPR or U.S. citizen, he might be able to file, but I'd need more facts to really know. The other option would be to wait until you are a U.S. citizen - file as quickly as you can for that, and then file for your son. There is a several year backlog which is difficult to predict how long exactly in advance all will take to accomplish since it's a long way off and things can change over time to make it longer or shorter than it might seem right now.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

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